CARMADELLE v. KOCH-ELLIS MARINE CONTRACTORS

No. 5-115.

404 So.2d 1011 (1981)

Nathan L. CARMADELLE, et al. v. KOCH-ELLIS MARINE CONTRACTORS.

Court of Appeal of Louisiana, Fourth Circuit.

October 16, 1981.


Attorney(s) appearing for the Case

Edward J. Castaing, Jr., Dymond, Crull & Castaing, David A. Kerstein, Wright & Kerstein, New Orleans, for defendant-appellee.

Nathan Greenberg, Greenberg & Dallam, Gretna, for plaintiffs-appellants.

Before SCHOTT, CHEHARDY and KLIEBERT, JJ.


SCHOTT, Judge.

This is before us on defendant's motion to dismiss plaintiffs' appeal on the ground that it was not taken within the sixty day delay provided by LSA C.C.P. Art. 2087. Plaintiffs' application for a new trial was denied on November 15, 1980, and they did not take an appeal until January 26, 1981. However, on December 19, 1980, defendant had taken an appeal and on January 23, 1981 defendant filed a motion in the trial court to dismiss its appeal and there...

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